USCFC General Jurisdiction-Reported

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10-339C • CRASSOCIATES, INC., v. THE UNITED STATES, and SPECTRUM HEALTHCARE RESOURCES, INC., Defendant-Intervenor

Filed 10/20/2010
Post-award bid protest; Cross-motions for judgment on the administrative record; Standard of review; 48 C.F.R. § 52.222-46 – failure to comply with professional services clause; Probative weight to be given contracting officer’s statement before the GAO; Price realism analysis; Technical evaluation; Inclusion of price information in the technical proposals; Staffing plan factor – failure to provide adequate explanation for weakness and adjectival rating; Facility layout factor – unequal treatment of offerors; Responsibility determination – reliance on “current” information; Organizational conflict of interest; Prejudice; Injunctive factors analyzed; Injunction warranted Signed by Judge Allegra.

08-757C • UNITED CONSTRUCTORS, LLC, v. THE UNITED STATES,

Filed 10/18/2010
Type I differing site condition claim; FAR 52.236-2(a); implied representation by Forest Service of actual site condition; foreseeability by contractor of actual site condition; constructive acceleration claim Signed by Judge Miller, G..

10-310C • SRIDAT S.R.S. CHINSAMMY V. UNITED STATES

Filed 10/14/2010
Motion to Dismiss for Lack of Subject Matter Jurisdiction; Patent Infringement Claim, 28 U.S.C. § 1498; Unissued Patent Signed by Judge Horn.

03-1242C • UNITED PARTITION SYSTEMS, INC., v. UNITED STATES,

Filed 10/12/2010
Application for attorneys’ fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412(d); justification for government’s posture in the case; fees; expenses Signed by Judge Lettow.

09-691C • INTERNATIONAL INDUSTRIAL PARK, INC. et al., v. THE UNITED STATES,

Filed 10/12/2010
Subject Matter Jurisdiction; Coverage of Contract Disputes Act; Failure to Submit Claim to Contracting Officer; Definition of “Procurement;” Exemption for “Real Property in Being.” Signed by Judge Wheeler.

09-642C • THE MARQUARDT COMPANY, v. THE UNITED STATES,

Filed 10/08/2010
Motion to Dismiss Claims for Interest Under the Contract Disputes Act, 41 U.S.C. §§ 601-13 (2006), and the Prompt Payment Act, 31 U.S.C. §§ 3901-07 (2006), and Related Claims for Declaratory Relief Signed by Judge Hewitt.

07-248C • MELISSA ADDE V. THE UNITED STATES

Filed 10/07/2010
Civilian Pay; Special Salary Schedule pursuant to 38 U.S.C. § 7451 (2006), 42 U.S.C. § 284c(b) (2006), and Delegation Agreement between OPM and DHHS; Counterclaim for Salary Overpayment, 28 U.S.C. §§ 1503, 2508 (2006); Post Allowance for Overseas Work Station, 5 U.S.C. § 5924(1) (2006); Department of State Standardized Regulations § 220. Signed by Judge Bush.

07-678C • SYSTEM PLANNING CORPORATION V. THE UNITED STATES

Filed 10/06/2010
28 U.S.C. § 2501, the Six-Year Statute of Limitations Applicable to Tucker Act Claims, Does Not Apply to Claims Brought Pursuant to the Contract Disputes Act, 41 U.S.C. §§ 601-613 (2006 Signed by Judge Hewitt.

10-535C • DCS CORPORATION V. THE UNITED STATES AND SURVICE ENGINEERING CORP.

Filed 10/05/2010
Post-award procurement protest; Past performance ratings; Best value award. Signed by Judge Merow.

03-2663C • ENTERGY NUCLEAR VERMONT YANKEE, LLC, and ENTERGY NUCLEAR OPERATIONS, INC., v. THE UNITED STATES,

Filed 09/29/2010
Spent Nuclear Fuel Case; Recovery of Mitigation Damages for DOE’s Partial Breach of Contract; Costs of Compliance with State Legislative Requirements; Federal Preemption Doctrine; Overhead Loader Charges; Cost of Capital Signed by Judge Wheeler.

10-575C • VERO TECHNICAL SUPPORT, INC., v. UNITED STATES,

Filed 09/29/2010
Jurisdiction; 28 U.S.C. § 1500 Signed by Judge Horn.

10-83C • HENRY NEWTON ADDINGTON, v. THE UNITED STATES,

Filed 09/28/2010
No Jurisdiction Over Claim for Increased Veteran Disability Benefits Signed by Judge Hewitt.

09-651C • FLOORPRO, INC., v. THE UNITED STATES,

Filed 09/23/2010
Motion to Dismiss; Statute of Limitations; 25 U.S.C. § 2501; Purpose of Statutes of Limitations; Theory of Repose Signed by Judge Smith.

09-211C • L.A. RUIZ ASSOCIATES, INC., v. THE UNITED STATES,

Filed 09/23/2010
Subject Matter Jurisdiction; RCFC 12(b)(1); Contract Disputes Act, 41 U.S.C. § 605(a); Requirement to Submit a Claim to the Contracting Officer; Deemed Denial; Same Claim Principle; Declaratory Judgment Signed by Judge Smith.

09-505C • OMAIRA ARBELAEZ, v. THE UNITED STATES,

Filed 09/23/2010
Pro se; Criminal Arrest; Tort Claims; “Unlawful Retention”; Takings; Cashier?s Check and Business Documents; Public Use; Failure to State a Claim; Statute of Limitations; Accrual Suspension Rule; Breach of Contract; Third-Party Beneficiary Signed by Judge Damich.

09-750C • INFINITI INFORMATION SOLUTIONS, LLC, v. UNITED STATES,

Filed 09/17/2010
Post-trial request for attorneys’ fees and costs under the Equal Access to Justice Act, 28 U.S.C. § 2412(d); prevailing plaintiff; lack of substantial justification for the government’s posture in the case; fees; expenses; costs Signed by Judge Lettow.

10-457C • CS-360, LLC, v. THE UNITED STATES,

Filed 09/16/2010
Pre-award bid protest; 28 U.S.C. § 1491(b)(1) (2006); Veterans Benefits, Health Care, and Information Technology Act of 2006, Pub. L. No. 109-461, §§ 502-03 (codified at 38 U.S.C. §§ 8127-28 (2006); service disabled veteran-owned small business set-aside; standing; eligibility of bidder to participate by submitting offer when bidder removed from database due to protest in unrelated procurement in which bidder was not awardee; eligibility to bid under 38 C.F.R. § 74.2 (2010). Signed by Judge Miller, C..

06-407T into which have been consolidated Nos. 06-408T, 06-409T, 06-410T, 06-411T, 06-810T, 06-811T • ALPHA I, L.P., BY AND THROUGH ROBERT SANDS, A NOTICE PARTNER, v. THE UNITED STATES,

Filed 09/14/2010
Order for Judgment; No Entitlement to Refund; No Entitlement to Litigation Costs; No Entitlement to Judgment that “All relief not granted is DENIED.” Signed by Judge Hewitt.

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